Public housing tower residents file class action over lockdown
The state government has been hit with a class action for locking down residents of nine public housing towers at the height of the pandemic — and it could be forced to pay millions.
Police & Courts
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The state government is facing a potential multi-million dollar payout over its public housing tower lockdown.
A Supreme Court class action has now been filed over the lockdown of more than 3000 residents across nine housing towers last July.
It alleges residents were left without medication and critical supplies and served rotten food during the two-week lockdown.
Former deputy chief health officer Annaliese van Diemen, deputy public health commander Finn Romanes, police chief Shane Patton and the State of Victoria each listed as defendants.
Plaintiffs and group members are seeking damages for false imprisonment, battery, assault and negligence.
They are also seeking costs, interest and a ruling that the lockdown was unlawful.
Legal sources say if successful the government could face a potentially multi-million dollar payout.
Documents filed with the court allege residents were forced to live without critical medication and went days without food or milk sparking distress, anxiety and discomfort “as a result of not having sufficient food to eat and not knowing when they might next eat”.
They were also forced to undergo COVID testing, had no access to translators, did not understand the reason for the lockdown and were given food that was “not fit for human consumption,” it is claimed.
Lawyers for the plaintiffs also argue their false imprisonment was aggravated because the decision to detain them came with no warning or notice.
In December Victoria’s integrity watchdog found the lack of notice violated human rights laws.
Ombudsman Deborah Glass said the timing of the drastic lockdown measures at the Flemington and North Melbourne towers was not based on direct health advice.
“The rushed lockdown was not compatible with the residents’ human rights, including their right to humane treatment when deprived of liberty,” her report said.
“In my opinion, based on the evidence gathered by the investigation, the action appeared to be contrary to the law.”
Ms Glass said the hastily-organised lockdown that came into effect on July 4 created “chaos”, with some residents left without food and medicine.
In her investigation into the lockdown, Ms Glass found the immediacy of the lockdown was not based on the advice of Victoria’s then acting chief health officer Dr van Diemen.
Housing Minister Richard Wynne said “we make no apologies for saving lives” after the report was made public.
“We’ve made it very clear that on the first day was extremely challenging, we had to stand this thing up from, you know, with limited notice we had to stand it up and put the lockdown in place,” he said at the time.
“Certainly by the next day, things were smoothed out, and I think it would be fair to say that all of the appropriate supports that were required to support the tenants in this very very challenging environment.”
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